Denise Brewster lived with her partner Lenny McMullan for more than ten years, with the couple owning their own home in Coleraine. They never married, although did get engaged just two days before McMullan died suddenly in the early hours of Boxing Day 2009.

Mr McMullan had worked for public transport firm Translink for over 15 years and had also been paying into the local government pension scheme in Northern Ireland. This scheme automatically entitles the surviving partner to their late-partners pension, but only if they are married. Couples who aren’t married are required to fill out a form opting into the scheme. Denise Brewster and Lenny McMullan did not fill in the form, although they did meet all of the other criteria.

The legal challenge

The Northern Ireland Local Government Superannuation Committee which administers the scheme refused to grant Ms Brewster access to her late partner’s pension. This led to a legal challenge in the High Court in Northern Ireland, where solicitors for Ms Brewster argued that requiring co-habiting couples to fill in a form while married couples did not have to do the same was discriminatory. The High Court allowed the legal challenge, but it was overturned by the Northern Ireland Court of Appeal.

The case was then taken to the Supreme Court, where Helen Mountfield QC argued on behalf of Ms Brewster that the opt-in nomination ruled breached the European Convention on Human Rights. To Ms Brewster’s relief and in a landmark ruling for all cohabiting, unmarried couples – the Supreme Court found in her favour.

Commenting on the ruling, the ex-pensions minister and now Director of Policy at Royal London, Steve Webb, said:

“This is a very welcome ruling. It is totally unacceptable for cohabiting couples to be treated as second class citizens.

‘With more than six million people living together as couples and the numbers rising every year, this is an issue that needs to be addressed as a matter of urgency. We need pension scheme rules which reflect the world we live in today, and not the world of fifty years ago.”

Meanwhile, one of Ms Brewster’s solicitors Gareth Mitchell said:

“Denying bereaved cohabitees access to survivor pensions causes huge distress and financial hardship.

“The decision has significant implications for millions of cohabitees in relation to pension benefits.

“It also lays down the approach to be adopted when considering complaints of discrimination on the grounds of marital status in other areas.”

Have a question or issue about your rights as a cohabiting couple? Get in touch with Liverpool and Wirral family law expert Tracey Miller Family Law.